Certified
« back to search results

TAW-82080  /  International Business Machines (IBM) (Armonk, NY)

Petitioner Type: State
Impact Date: 10/11/2011
Filed Date: 10/15/2012
Most Recent Update: 12/04/2012
Determination Date: 12/04/2012
Expiration Date: 12/04/2014

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-82,080

INTERNATIONAL BUSINESS MACHINES (IBM)
INTEGRATED TECHNOLOGY SERVICES OPERATIONS
GTS BUSINESS OPERATIONS (GTS)
INCLUDING ON-SITE LEASED WORKERS FROM MANPOWER, INC.
ARMONK, NEW YORK

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974,
as amended ("Act"), 19 U.S.C. § 2273, the Department of Labor
herein presents the results of an investigation regarding
certification of eligibility to apply for worker adjustment
assistance.
The group eligibility requirements for workers of a firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
(1) a significant number or proportion of the workers in
such workers' firm have become totally or partially
separated, or are threatened to become totally or partially
separated; and

(2)(A)(i) the sales or production, or both, of such firm
have decreased absolutely; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied
by such firm have increased; and

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.

The investigation was initiated in response to a
petition filed on October 15, 2012 by a state official on
behalf of workers from International Business Machines (IBM),
Integrated Technology Services Operations, GTS Business
Operations (GTS), including on-site leased workers from
Manpower, Inc., Armonk, New York (IBM-GTS).
Workers at IBM-GTS are engaged in activities related to
the supply computer system design services and are not
separately identifiable by service supplied. The subject
worker group consists of remote workers reporting to Armonk,
New York.
The petitioner alleges that the U.S. business operations
team was asked to train employees in India.
During the course of the investigation, information was
collected from the workers' firm.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in such workers' firm have
become totally or partially separated, or are threatened to
become totally or partially separated.
Section 222(a)(2)(B) has been met because the workers'
firm has shifted to a foreign country services like or
directly competitive with computer system design services
supplied by the workers which contributed importantly to
worker group separations which reported to IBM at Armonk, New
York.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of IBM, who are
engaged in activities related to computer system design
services, meet the worker group certification criteria under
Section 222(a) of the Act, 19 U.S.C. § 2272(a). In accordance
with Section 223 of the Act, 19 U.S.C. § 2273, I make the
following certification:
"All workers of International Business Machines (IBM),
Integrated Technology Services Operations, GTS Business
Operations (GTS), including on-site leased workers from
Manpower, Inc., Armonk, New York, who became totally or
partially separated from employment on or after October
11, 2011 through two years from the date of
certification, and all workers in the group threatened
with total or partial


separation from employment on the date of certification
through two years from the date of certification, are
eligible to apply for adjustment assistance under Chapter
2 of Title II of the Trade Act of 1974, as amended."
Signed in Washington, D.C. this 4th day of December, 2012


/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance